Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.B. 29
                              BUILDING CODE AMENDMENTS
                                       2020 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Mike Schultz
                                Senate Sponsor: Curtis S. Bramble
 6
 LONG TITLE
 General Description:
         This bill amends construction provisions in Title 10, Utah Municipal Code, Title 15A,
 State Construction and Fire Codes Act, and Title 17, Counties.
 Highlighted Provisions:
         This bill:
         < amends provisions related to construction plans for a town, city, and county;
         < permits certain structures to be exempt from requirements of the State Construction
 Code;
         < adopts and amends the residential provisions of the 2018 edition of the International
 Swimming Pool and Spa Code;
         < under certain conditions, exempts airport hangars from having a fire-resistance
 exterior wall rating of not less than two hours;
         < deletes a provision for an emergency elevator communication system;
         < amends provisions in the International Residential Code;
         < amends citations in amendments to the International Plumbing Code;
         < amends a citation in an amendment to the International Mechanical Code;
         < amends provisions in the International Existing Building Code; and
         < makes technical and conforming changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
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        None
 Utah Code Sections Affected:
 AMENDS:
        10-5-132, as last amended by Laws of Utah 2019, Chapter 20
        10-6-160, as last amended by Laws of Utah 2018, Chapter 236
        15A-1-202, as last amended by Laws of Utah 2019, Chapter 20
        15A-1-204, as last amended by Laws of Utah 2017, Chapter 18
        15A-2-102, as last amended by Laws of Utah 2016, Chapter 249
        15A-2-103, as last amended by Laws of Utah 2019, Chapters 20 and 436
        15A-3-103, as last amended by Laws of Utah 2019, Chapter 20
        15A-3-112, as last amended by Laws of Utah 2019, Chapter 20
        15A-3-202, as last amended by Laws of Utah 2019, Chapter 20
        15A-3-304, as last amended by Laws of Utah 2019, Chapter 20
        15A-3-313, as last amended by Laws of Utah 2016, Chapter 249
        15A-3-402, as enacted by Laws of Utah 2017, Chapter 14
        15A-3-801, as last amended by Laws of Utah 2019, Chapter 20
        17-36-55, as last amended by Laws of Utah 2019, Chapter 20
 ENACTS:
        15A-3-1001, Utah Code Annotated 1953
48
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-5-132 is amended to read:
        10-5-132. Fees collected for construction approval -- Approval of plans.
        (1) As used in this section:
        (a) "Construction project" means the same as that term is defined in Section 38-1a-102.
        (b) "Lodging establishment" means a place providing temporary sleeping
 accommodations to the public, including any of the following:
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       Enrolled Copy                                                                            H.B. 29
           (i) a bed and breakfast establishment;
           (ii) a boarding house;
           (iii) a dormitory;
           (iv) a hotel;
           (v) an inn;
           (vi) a lodging house;
           (vii) a motel;
           (viii) a resort; or
           (ix) a rooming house.
           (c) "Planning review" means a review to verify that a town has approved the following
 elements of a construction project:
           (i) zoning;
           (ii) lot sizes;
           (iii) setbacks;
           (iv) easements;
           (v) curb and gutter elevations;
           (vi) grades and slopes;
           (vii) utilities;
           (viii) street names;
           (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
 Interface Code adopted under Section 15A-2-103; and
           (x) subdivision.
           (d) (i) "Plan review" means all of the reviews and approvals of a plan that a town
 requires to obtain a building permit from the town with a scope that may not exceed a review to
 verify:
           (A) that the construction project complies with the provisions of the State Construction
 Code under Title 15A, State Construction and Fire Codes Act;
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        (B) that the construction project complies with the energy code adopted under Section
 15A-2-103;
        (C) that the construction project received a planning review;
        (D) that the applicant paid any required fees;
        (E) that the applicant obtained final approvals from any other required reviewing
 agencies;
        (F) that the construction project complies with federal, state, and local storm water
 protection laws;
        (G) that the construction project received a structural review;
        (H) the total square footage for each building level of finished, garage, and unfinished
 space; and
        (I) that the plans include a printed statement indicating that the actual construction will
 comply with applicable local ordinances and the state construction codes.
        (ii) "Plan review" does not mean a review of a document:
        (A) required to be re-submitted for additional modifications or substantive changes
 identified by the plan review;
        (B) submitted as part of a deferred submittal when requested by the applicant and
 approved by the building official; or
        (C) that, due to the document's technical nature or on the request of the applicant, is
 reviewed by a third party.
        (e) "State Construction Code" means the same as that term is defined in Section
 15A-1-102.
        (f) "State Fire Code" means the same as that term is defined in Section 15A-1-102.
        (g) "Structural review" means:
        (i) a review that verifies that a construction project complies with the following:
        (A) footing size and bar placement;
        (B) foundation thickness and bar placement;
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        (C) beam and header sizes;
        (D) nailing patterns;
        (E) bearing points;
        (F) structural member size and span; and
        (G) sheathing; or
        (ii) if the review exceeds the scope of the review described in Subsection (1)[(e)](g)(i),
 a review that a licensed engineer conducts.
        (h) "Technical nature" means a characteristic that places an item outside the training
 and expertise of an individual who regularly performs plan reviews.
        (2) (a) If a town collects a fee for the inspection of a construction project, the town
 shall ensure that the construction project receives a prompt inspection.
        (b) If a town cannot provide a building inspection within [a reasonable time] three
 business days after the day on which the town receives the request for the inspection, the town
 shall promptly engage an independent inspector with fees collected from the applicant.
        (c) If an inspector identifies one or more violations of the State Construction Code or
 State Fire Code during an inspection, [on the day on which the inspection occurs,] the inspector
 shall give the permit holder written notification [of each violation] that:
        [(i) is delivered in hardcopy or by electronic means; and]
        (i) identifies each violation;
        (ii) upon request by the permit holder, includes a reference to each applicable provision
 of the State Construction Code or State Fire Code[.]; and
        (iii) is delivered:
        (A) in hardcopy or by electronic means; and
        (B) the day on which the inspection occurs.
        (3) (a) A town shall complete a plan review of a construction project for a one to two
 family dwelling or townhome by no later than 14 business days after the day on which the plan
 is submitted to the town.
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         (b) A town shall complete a plan review of a construction project for a residential
 structure built under the International Building Code, not including a lodging establishment, by
 no later than 21 business days after the day on which the plan is submitted to the town.
         (c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
 the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
 town complete the plan review.
         (ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
 the plan review no later than:
         (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
 applicant makes the request; or
         (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
 applicant makes the request.
         (d) An applicant may:
         (i) waive the plan review time requirements described in this Subsection (3); or
         (ii) with the town's consent, establish an alternative plan review time requirement.
         (4) (a) A town may not enforce a requirement to have a plan review if:
         (i) the town does not complete the plan review within the time period described in
 Subsection (3)(a) or (b); and
         (ii) a licensed architect or structural engineer, or both when required by law, stamps the
 plan.
         (b) A town may attach to a reviewed plan a list that includes:
         (i) items with which the town is concerned and may enforce during construction; and
         (ii) building code violations found in the plan.
         (c) A town may not require an applicant to redraft a plan if the town requests minor
 changes to the plan that the list described in Subsection (4)(b) identifies.
         (5) An applicant shall ensure that each construction project plan submitted for a plan
 review under this section has a statement indicating that actual construction will comply with
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       Enrolled Copy                                                                        H.B. 29
 applicable local ordinances and building codes.
        Section 2. Section 10-6-160 is amended to read:
        10-6-160. Fees collected for construction approval -- Approval of plans.
        (1) As used in this section:
        (a) "Construction project" means the same as that term is defined in Section 38-1a-102.
        (b) "Lodging establishment" means a place providing temporary sleeping
 accommodations to the public, including any of the following:
        (i) a bed and breakfast establishment;
        (ii) a boarding house;
        (iii) a dormitory;
        (iv) a hotel;
        (v) an inn;
        (vi) a lodging house;
        (vii) a motel;
        (viii) a resort; or
        (ix) a rooming house.
        (c) "Planning review" means a review to verify that a city has approved the following
 elements of a construction project:
        (i) zoning;
        (ii) lot sizes;
        (iii) setbacks;
        (iv) easements;
        (v) curb and gutter elevations;
        (vi) grades and slopes;
        (vii) utilities;
        (viii) street names;
        (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
                                                      -7-
        H.B. 29
                                                                                          Enrolled Copy
 Interface Code adopted under Section 15A-2-103; and
           (x) subdivision.
           (d) (i) " Plan review" means all of the reviews and approvals of a plan that a city
 requires to obtain a building permit from the city with a scope that may not exceed a review to
 verify:
           (A) that the construction project complies with the provisions of the State Construction
 Code under Title 15A, State Construction and Fire Codes Act;
           (B) that the construction project complies with the energy code adopted under Section
 15A-2-103;
           (C) that the construction project received a planning review;
           (D) that the applicant paid any required fees;
           (E) that the applicant obtained final approvals from any other required reviewing
 agencies;
           (F) that the construction project complies with federal, state, and local storm water
 protection laws;
           (G) that the construction project received a structural review; [and]
           (H) the total square footage for each building level of finished, garage, and unfinished
 space[.]; and
           (I) that the plans include a printed statement indicating that the actual construction will
 comply with applicable local ordinances and the state construction codes.
           (ii) "Plan review" does not mean a review of a document:
           (A) required to be re-submitted for additional modifications or substantive changes
 identified by the plan review;
           (B) submitted as part of a deferred submittal when requested by the applicant and
 approved by the building official; or
           (C) that, due to the document's technical nature or on the request of the applicant, is
 reviewed by a third party.
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         (e) "State Construction Code" means the same as that term is defined in Section
 15A-1-102.
         (f) "State Fire Code" means the same as that term is defined in Section 15A-1-102.
         [(e)] (g) "Structural review" means:
         (i) a review that verifies that a construction project complies with the following:
         (A) footing size and bar placement;
         (B) foundation thickness and bar placement;
         (C) beam and header sizes;
         (D) nailing patterns;
         (E) bearing points;
         (F) structural member size and span; and
         (G) sheathing; or
         (ii) if the review exceeds the scope of the review described in Subsection (1)[(e)](g)(i),
 a review that a licensed engineer conducts.
         [(f)] (h) "Technical nature" means a characteristic that places an item outside the
 training and expertise of an individual who regularly performs plan reviews.
         (2) (a) If a city collects a fee for the inspection of a construction project, the city shall
 ensure that the construction project receives a prompt inspection.
         (b) If a city cannot provide a building inspection within three business days after the
 day on which the city receives the request for the inspection, the city shall promptly engage an
 independent inspector with fees collected from the applicant.
         (c) If an inspector identifies one or more violations of the State Construction Code or
 State Fire Code during an inspection, the inspector shall give the permit holder written
 notification that:
         (i) identifies each violation;
         (ii) upon request by the permit holder, includes a reference to each applicable provision
 of the State Construction Code or State Fire Code; and
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        H.B. 29
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         (iii) is delivered:
         (A) in hardcopy or by electronic means; and
         (B) the day on which the inspection occurs.
         (3) (a) A city shall complete a plan review of a construction project for a one to two
 family dwelling or townhome by no later than 14 business days after the day on which the plan
 is submitted to the city.
         (b) A city shall complete a plan review of a construction project for a residential
 structure built under the International Building Code, not including a lodging establishment, by
 no later than 21 business days after the day on which the plan is submitted to the city.
         (c) (i) Subject to Subsection (3)(c)(ii), if a city does not complete a plan review before
 the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
 city complete the plan review.
         (ii) If an applicant makes a request under Subsection (3)(c)(i), the city shall perform the
 plan review no later than:
         (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
 applicant makes the request; or
         (B) for a